RIAM Constitution Preliminary
Commissioners of Charitable Donations and Bequests for
Ireland
EDUCATIONAL ENDOWMENTS IRELAND (ACT), 1885
and
THE CHARITIES ACT, 1961
The Royal Irish Academy of Music and
the Coulson Endowment
City of Dublin
Scheme No. 39 Date of Original Scheme 10th Oct 1889 Dates of Subsequent Amending Schemes: 10th April 1929; 19th December 1950; 2315 June 1953; 12th July 1960; 29th June 1965; 28th November 1967; 9th September 1969; 10th February 1981; 23rd April 1985; 27th February 1990; 2nd October 1990; 14th February 1995; 24th October 1995; 20Th February 1996; 23rd July 2013.
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RIAM Constitution Preliminary
EDUCATIONAL ENDOWMENTS (IRELAND) ACT, 1885
No. 39. City of Dublin. Date of Scheme – 10th October, 1889 ______
FINAL APPROVAL BY ORDER IN COUNCIL ______
Endowments – The Royal Irish Academy of Music and the Coulson Endowment
By the Lords Justice and Privy Council in Ireland
EDWARD SAXE-WEIMAR, General , ASHBOURNE, C. HEDGES EYRE CHATTERTON.
Whereas the Right Honourable Gerald Fitzgibbon and the Right Honourable John Nash, the Judicial Commissioners constituted by the Educational Endowments (Ireland) Act, 1885, have, in virtue of the powers conferred upon them by the said Act, and of every other power enabling them in that behalf, framed and signed under their hands a Scheme relating to the Educational Endowments of the Royal Irish Academy of Music, and the Educational Endowment founded by Elizabeth Strean Coulson, known as the Coulson Bequest for Musical Education, which Scheme is annexed to this Order:
And whereas all conditions in regard to the said Scheme, which are required to be fulfilled by the said Act to enable the said Scheme to be finally approved, have been fulfilled:
Now therefore, We, the Lords Justices General and General Governors of Ireland, by and with the advice and consent of her Majesty’s Privy Council in Ireland, do by this Order, pursuant to the 27th section of the said Act, declare our approbation of the aforesaid Scheme, and the same is hereby finally approved.
Given at the Council Chamber, Dublin Castle, this 10th day of October, 1889.
LEINSTER. P. J. KEENAN. JOHN MONROE. ION T. HAMILTON.
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RIAM Constitution Preliminary
SCHEME REFERRED TO IN THE FOREGOING ORDER ______
No. 39 City of DUBLIN
EDUCATIONAL ENDOWMENTS (IRELAND) COMMISSION ______
Scheme framed under the Educational Endowments (Ireland) Act, 1885 for the future government and management of the Educational Endowments of The Royal Irish Academy of Music, and of the Educational Endowment founded by Elizabeth Strean Coulson, known as The Coulson Bequest for Musical Education.
______
Whereas, in the year 1856, an academy for the advancement of Musical Education in Ireland was founded in the City of Dublin, and is now established at No. 36 Westland Row, in the City of Dublin, in the premises described in the Schedule hereto, Part I., under the name of The Royal Irish Academy of Music:
And whereas the said Academy has been hitherto maintained by means of the annual grant from Parliament hereinafter mentioned, and of legacies, subscriptions and donations which have been given, from time to time, for its benefit, and of fees paid by pupils: and the said Academy is now possessed of certain endowments the particulars of which are set forth in the Schedule hereto, Part II.:
And whereas the said Academy is under the patronage of Her Most Gracious Majesty the Queen, and receives an annual grant of £300 from Parliament, one-half of which is granted upon the condition that the private subscriptions to the Academy amount to not less than £100 a year:
And whereas Elizabeth Strean Coulson, Spinster, deceased, by her will dated November 14, 1861, bequeathed to certain trustees therein named, the net surplus of her residuary real and personal estate, to be applied to them in founding an Academy of Music in Dublin, in which she directed that the sons and daughters of respectable Irish parents possessing natural musical talent should be taught and instructed in Instrumental Music, and particularly on the Piano, according to the method of Frederick Kalkbrenner, and she further directed that the Lord Lieutenant of Ireland, and the Lord Mayor and Commonalty of the City of Dublin, for the time being, and the executors and trustees of her will, should be her trustees should be her trustees for establishing and carrying out the trust for the establishment of the said Academy of Music: and she also bequeathed to the executors and trustees of her will her leasehold messuage, No. 39 Upper Dorset Street, in the City of Dublin, directing that it should be used, if suitable, for the purposes of the said Academy, but if not suitable for the purposes aforesaid that it should be sold, and that other premises should be purchased or leased for the said purposes:
And whereas the said messuage, No. 39 Upper Dorset Street, Dublin, was not found suitable for the purposes aforesaid, and was sold, and the residuary property of the said Elizabeth Strean Coulson, held upon trust for or applicable to the purposes aforesaid, now consists of the stocks, moneys, funds, securities, and property, the particulars which are set forth in the Schedule hereto, Part III.:
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RIAM Constitution Preliminary
And whereas, in execution of the trusts of the will of the said Elizabeth Strean Coulson, a Scheme for the administration and regulation of the Charity founded by her was sanctioned by the Vice-Chancellor of Ireland, in a certain matter then pending in the High Court of Justice, Chancery Division, on August 6, 1886, whereby it was, among other things, provided that the Charity should be called “The Coulson Bequest for Musical Education”; that there should be nine Trustees of the Charity, of whom three should be members of the Corporation of Dublin City and appointed by that body, three should be members of the Royal Irish Academy of Music and appointed by the Council of that body, and three (referred to as the Founder’s Trustees) should be nominated, in the first instance, by the Trustees or Trustees of the will of Elizabeth Strean Coulson, and should in future be nominated by the surviving or continuing Founder’s Trustees; that the funds of the Charity should remain and be invested in the names of the Commissioners of Charitable Donations and Bequests for Ireland, and the dividends and interest should be by them transmitted to the Trustees, or lodged by them to the credit of the Trustees, and should be administered by the Trustees as in the said Scheme provided, with power to the Trustees to enter into arrangements with the Council of the Royal Irish Academy of Music for using the premises of the Academy for the purposes of the Scheme, and for providing musical instruction for the objects of the Charity:
And whereas all the property now held in trust for the said Academy or applicable to the purposes thereof, and also all the property of the said Coulson Bequest, or applicable to the purposes of the said Chancery Scheme, now constitute Educational Endowments within the meaning of the Educational Endowments (Ireland) Act, 1885, and the said Act applies to the same:
And whereas the Council of the Royal Irish Academy of Music, and the Corporation of Dublin City, and the Trustees of the Coulson Bequest appointed under the said Chancery Scheme, have applied to the Commissioners constituted under the said Act, to frame a Scheme for the future government and management of one Governing Body of the several Endowments now separately administered by the said Academy and by the said Trustees respectively:
And whereas it has appeared to the Commissioners under the said Act, after due inquiry, that, in order to extend the usefulness of the said several Endowments, provision should be made for the future government and management thereof, in the manner hereinafter appearing:
Therefore, from and after the date of this Scheme, being the day upon which the Lord Lieutenant shall by Order in Council declare his approbation thereof, the said endowments shall be held, governed, managed and applied for the purposes, with the powers, under the conditions and provisions, and in the manner hereinafter set forth, and not otherwise, any previous Act of Parliament, Letters, Patent, Statute, Charter, Deed, Will, Instrument, Scheme, Trust or Direction relating to the subject matter of this Scheme to the contrary notwithstanding.
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RIAM Constitution Preliminary
Section: Preliminary
Clause 1. Interpretation of Terms
1. For the purposes of this Scheme, unless the context otherwise requires, the following terms shall be interpreted as follows:- "The Act" shall mean the Educational Endowments (Ireland) Act, 1885. ''The Academy" shall mean “The Royal Irish Academy of Music" hereby incorporated, and shall include the Institution hitherto carried on at No. 36 Westland Row, in the City of Dublin, and known as the Royal Irish Academy of Music, and shall also include any other educational institutions for the time being managed maintained or aided by the Governors under this Scheme. "The Governors" shall mean the Governing Body of the Academy as hereby constituted. "The Members" shall mean the Members of the Academy as hereby constituted. "The Board of Studies" shall mean the Board of Studies of the Academy, as hereby constituted to conduct the education given in the Academy. "The Academy Endowments" shall mean and include all the messuages, lands, buildings, tenements and hereditaments, and all the moneys, funds, securities, chattels, and effects, and all other the property, real and personal, at the date of this Scheme held or possessed by the Trustees of the Academy, or by any other person or persons, in trust for the Academy, or otherwise applicable to the purposes thereof; and shall also include any moneys voted by Parliament, or raised or paid under the Public Libraries (Ireland) Acts, or which, hereby or at any time hereafter, may be or become vested in the Governors or otherwise available for the purposes of the Academy. "The Coulson Endowment" shall mean and include all the stocks, moneys, funds, securities, chattels and effects, and all other the property, real and persona1, at the date of this Scheme held or possessed by the Commissioners of Charitable Donations and Bequests for Ireland, or by the Trustees appointed under the hereinbefore recited Chancery Scheme, or by the Trustees of the hereinbefore recited will, or by the personal representatives of the said Elizabeth Strean Coulson, or by any other person or persons, in trust for or applicable to the purposes of the hereinbefore recited residuary bequest, or of the hereinbefore recited Chancery Scheme; or which may, hereby or at any time hereafter, become or be applicable to the said purposes or any of them. “The Endowments" shall mean and include the Academy Endowments and the Coulson Endowment, and all other property, real and personal, which may from time to time be applicable to all or any of the purposes of this Scheme. "The Corporation" shall mean the Body Corporate constituted by the Act 3 and 4 Victoria, c. 108, and the Acts amending the same, by the name of The Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin," hereinbefore and in the hereinbefore recited Chancery Scheme referred to us "The Corporation of Dublin City." "The Professors" shall mean such Members of the Teaching Staff of the Academy as shall, from time to time, be appointed by the Governors to be Professors.
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RIAM Constitution The Academy
Section: The Academy
Clause 2: The Academy
Replaced July 2013
The Academy shall consist of an ex-officio Vice President, up to a maximum of six elected Vice Presidents, Life Members, Annual Members, and the ex-officio Members. The Academy shall constitute a Body Corporate, by the name of 'The Royal Irish Academy of Music', with perpetual succession and a common seal, and power to acquire and hold property, real and personal, for the purposes of the Scheme.
The Scheme was originally formed under the Patronage of the Queen with the Duke of Edinburgh as the Vice-Patron of the Academy and the Lord Lieutenant of Ireland as the President of the Academy. There is no longer a role as President of the Academy.
The original Vice Presidents under the Scheme were such of the following persons as at the date of commencement of the Scheme were able and willing to act:-
1. The Most Rev. Nicholas Donnelly, D.D., Bishop of Canea. 2. The Right Hon. John David Baron Fitzgerald, of Kilmarnock, LLD. 3. Sir Francis W. Brady, Baronet. 4. Sir Robert Prescott Stewart, Knt., Professor of Music in the University of Dublin, Mus.D. 5. Sir Thomas Alfred Jones, Knt., President of the Royal Hibernian Academy of Arts. 6. Lieutenant Colonel James Ward
and were ranked in order of seniority as they were named with the future elected Vice Presidents ranking ·in order of seniority according to the dates of their election.
Whenever any elected Vice President shall die, or resign by writing under his hand, or become bankrupt, or refuse to act, or become incapable of acting, his office shall thereupon become vacant and shall be recorded as such in the minutes of the Governors and he shall not be replaced so that in time, there shall be no elected Vice Presidents.
The Lord Mayor of Dublin shall be the unelected ex-officio Vice President and shall rank first in order of seniority among the Vice Presidents.
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RIAM Constitution The Academy
Clause 3: Life Members
Replaced May 1982
The following persons, subject to the approval of the Governors, shall be Members of the Academy for their respective lives:- (a) All persons who shall have been registered as Life Members before the date of this Amending Scheme. (b) All persons over twenty-one years of age who shall after the date of the Amending Scheme subscribe Forty Pounds or upwards, or such sum as the Members in General Meetings shall from time to time decide, in one sum, to the funds of the Academy. (c) All past pupils of the Academy who, having been educated therein for not less than two Academical years, and having received Diploma of the Academy Examination as hereinafter provided, and having attained the age of twenty-one years, shall after the date of this Amending Scheme subscribe Ten Pounds or upwards, or such sum as the Members in General Meetings shall from time to time decide, in one sum, to the Funds of the Academy. (d) All other persons, who having received the Diploma of the Academy by Examination as hereinafter provided, and having attained the age of twenty-one years, shall after the date of this Amending Scheme subscribe Twenty Pounds or upwards, or such sum as the Members shall from time to time decide, in one sum, to the Funds of· the Academy. (e) All persons who shall be nominated as Life Members by a public body or association under the provision hereinafter contained.
Clause 4: Annual Members
Replaced May 1982
The following persons, subject to the approval of the Governors, shall be Members of the Academy for each calendar year for which they shall be qualified as hereinafter provided:-
(a) All persons over twenty-one years of age who shall subscribe Two Pounds or upwards, or such sum as the Members in General Meetings shall from time to time decide, as an annual sub•scription to the funds of the Academy, shall be Annual Members during each calendar year for which the subscription shall have been paid .
(b) All persons who shall be nominated as Annual Members by a public body or association under the provision hereinafter contained shall be Annual Members during each calendar year for which they shall be so nominated.
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RIAM Constitution The Academy
Clause 5: Nomination of Members by Public Bodies
Replaced May 1982
Subject to the approval of the Governors, any public body or association which shall after the date of this amending Scheme subscribe Forty Pounds or upwards, or such sum as the Members in General Meetings shall from time to time decide, in one sum to the funds of the Academy, may nominate one person to be a Life Member for every Forty Pounds so sub•scribed, and any public body or association which shall subscribe Two Pounds or upwards, or such sum as the Members in General Meetings shall from time to time decide, as an annual subscription to the funds of the Academy, for every Two Pounds so subscribed may nominate one person to be an Annual Member during each calendar year for which the subscription shall have been paid; provided always that the total number of Members nominated by any one body or association shall not exceed ten in all, at the same time.
Clause 6: Ex-officio Members
The ex-officio Members shall be such of the Governors, if any, as are not otherwise qualified to act as Members.
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RIAM Constitution The Governors
Section: The Governors
Clause 7: The Governors
Amended February 1981, February 1995, and February 1996. Replaced July 2013
From and after the date of this Scheme a Governing Body shall be formed for the government of the management of the Academy, and for the administration of the Endowments. The Governing Body shall consist of the Vice President(s) and the Director if any for the time being and up to a maximum of twenty six representative Governors, to be appointed as hereinafter provided. Of the representative Governors, up to a maximum of twelve shall represent the Members and shall be appointed in accordance with Clause 8 hereof, up to a maximum of eight shall represent Dublin City Council and shall be appointed in accordance with Clause 9 hereof, up to maximum of three shall represent the Coulson Endowment, one shall represent the Board of Studies, one shall represent the non-professorial teaching staff and one shall represent the non• teaching staff: provided always that no person who is engaged in teaching music in Ireland, except a Professor of the Academy or a member of the non- professorial teaching staff elected under Clause 11 hereof, shall be eligible as a representative Governor.
The original Governors representing the Members under the Scheme were such of the following persons as were able and willing to act:- 1. William Bentham, Esq. 2. George Cree, Esq. 3. H. Warren Darley, Esq. 4. Henry E. Doyle, C.B., R.H.A. 5. David B. Dunne, Esq., LLD. 6. Richard W.W. Littledale, Esq.,LLD. 7. R. Wogan Macdonnell, Esq. 8. The Very Rev. Myles Canon MacManus, P.P. 9. Henry S. Mecredy, Esq.,M.A. 10. Thomas Nedley, Esq., M.D. 11. William Perrin, Esq. 12. Robert Sharp, Esq.
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RIAM Constitution The Governors
The original Governors representing the Dublin City Council under the Scheme were such of the following persons as were able and willing to act:- 1. Alderman William Meagher. 2. Alderman Valentine B. Dillon. 3. Councillor Robert Sexton. 4. Councillor Robert Wade, L.R.C.S.I. 5. Councillor Sir George B. Owens, Knt., M.D. 6. Councillor Timothy Daniel Sullivan, M.P. 7. Councillor Thomas Mayne, M.P. 8. Councillor Charles Dawson.
The original Governors representing the Coulson Endowment under the Scheme were such of the following persons as were able and willing to act:- 1. Captain William Telford Ward. 2. James W. Drury, Esq., M.A. 3. Robert Browne, Esq., M.D., F.R.C.S.I.
The original Governor representing the Board of Studies was the following person provided he was able and willing to act:- 1. Signor Michele Esposito.
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RIAM Constitution The Governors
Clause 8: Election by Members
Replaced July 2013
Following completion of their term of office, four of the Governors representing the Members shall retire from office on the thirty-first day of December 2013 and four others on the thirty-first day of December in each of the following two years. Thereafter three of the Governors representing the Members shall retire from office on the thirty-first day of December annually. At an Annual Meeting of the Members to be held in the month of November or December 2013 and in the month of November or December in each succeeding year, the Members present, being not less than nine in number, may elect three Members to be Governors with outgoing Governors eligible for re-election. The persons so elected shall enter into office on the first day of January next following their election, and shall remain in office for three years, unless in the meantime they shall vacate office as hereinafter provided. If the number of Members present at any Annual Meeting shall be less than nine, they shall have power to elect only one Governor for every three Members present: provided that the Governors may, by a by-law made as hereinafter prescribed, authorize Members to be represented by proxy, in which case every Member so represented at any Annual Meeting shall be deemed to be present for the purposes of this Scheme. Every vacancy which may be left unfilled under this provision shall by filled by the Governors, who shall at their next meeting co- opt so many Members as may be required to complete the number of three Governors who might have been elected at the Annual Meeting of the Members. Each Governor so co-opted shall hold office so long only as he would have held the same if he had been elected by the members at the Annual Meeting. Every outgoing Governor, being a Member, shall be eligible for re-election.
Clause 9: Election by Corporation
Replaced July 2013
The eight Governors representing Dublin City Council shall retire from office on or before the thirty-first day of December 2013. At a meeting of Dublin City Council to be held in November or December 2013, and in the month of November or December on a biennial basis thereafter, Dublin City Council may elect five suitable persons to be Governors. The persons so elected shall enter into office on the first day of January next following their election, and shall remain in office for two years, unless in the meantime they shall vacate office as hereinafter provided. Every outgoing Governor under this Clause 9 shall be eligible for re-election.
Clause 10: Coulson Governors
The Governors representing the Coulson Endowment shall hold office for life, or until they shall vacate office as hereinafter provided.
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RIAM Constitution The Governors
Clause 11: Election by the Professors
Replaced February 1981, February 1995, February 1996 and again replaced July 2013
The Governor representing the Board of Studies shall hold office until the thirty-first day of August 2014. In the month of June 2013 and in the month of June in each succeeding year, the Board of Studies shall elect one of their own number, other than the Director if the Director is also a Professor, to be a Governor. Each Governor so elected shall hold office for one year from the first day of September unless in the meantime he shall cease to be a member of the Board of Studies or shall vacate office as hereinafter provided. Every outgoing Governor, being a member of the Board of Studies, shall be eligible for re- election. Every December the non-professorial teaching staff may elect one of their own number to be Governor. Each Governor so elected shall hold office for one year, unless in the meantime he shall cease to be a member of the non- professorial teaching staff or shall vacate office as hereinafter provided. Every outgoing Governor, being a member of the non-professorial teaching staff, shall be eligible for re-election. Every December the non-teaching staff of the Academy may elect one of their own number to be a Governor. Each Governor so elected shall hold office for one year, unless in the meantime he shall cease to be a member of the non- teaching staff or shall vacate office as hereinafter provided. Every outgoing Governor, being a member of the non-teaching staff, shall be eligible for re-election.
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RIAM Constitution The Governors
Clause 12: Casual Vacancies
Replaced June 1953, February 1995, February 1996 and again replaced July 2013
If any representative Governor shall die, or resign by writing under his hand or become bankrupt or refuse to act, or become incapable of acting, or shall fail to attend any meeting of the Governors during the period of twelve months, his office shall thereupon become vacant, and the fact of the vacancy with the cause thereof, shall be recorded in the minutes of the Governors, and shall be notified by the Secretary of the Academy to the body or persons entitled to fill the same. Whenever the vacancy shall occur among the Governors representing the Members, the remaining Governors representing the Members shall co-opt a Member to fill the same; whenever a vacancy shall occur among the Governors representing Dublin City Council, Dublin City Council may elect a suitable person to fill the same; whenever the vacancy shall occur among the Governors representing the Coulson Endowment, the remaining Governors or Governor representing that Endowment may not elect a person to fill the same, and the vacancy shall remain unfilled so that In time, there shall be no Governors representing the Coulson Endowment; whenever the office of the Governor representing the Board of Studies shall become vacant, the Professors may elect one of their own number to fill the same. Whenever the office of Governor representing the non-professorial teaching staff shall become vacant, the non- professorial teaching staff may elect one of their own number to fill the same; whenever the office of Governor representing non-teaching staff shall become vacant, the non•teaching staff may elect one of their own number to fill the same. Every Governor co-opted or elected as aforesaid shall hold office so long only as the person in whose place he shall have been co-opted or elected might have held the same. If and whenever any of the bodies or persons entitled to elect a Governor under the provisions hereinbefore contained shall fall to do so within a period of three months after the vacancy shall have been notified to them, the Governors shall, as soon as conveniently may be after the lapse of such period, co-opt a suitable person to fill the same: every Governor so co-opted shall hold office so long only as he would have held the same if he had been duly elected within such period.
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RIAM Constitution Vesting and Transfer of Endowments
Section: Vesting and Transfer of Endowments
Clause 13: Vesting and Transfer of Endowments
From and after the date of this Scheme, the Endowments (except the Coulson Endowment and such other Endowments as may then be vested in or recoverable by the Commissioners of Charitable Donations and Bequests for Ireland) shall, without any new conveyance or instrument be transferred to and vested in the Academy hereby constituted, and shall be thenceforth held by the Academy and their successors for ever, upon and for the trusts and purposes of this Scheme, and subject to the conditions and provisions herein contained, subject nevertheless to all such rents, charges, covenants, conditions, rights, easements, and liabilities, as at the date of this Scheme may lawfully affect the same. From and after the date aforesaid, the several companies and persons (other than the Commissioners of Charitable Donations and Bequests for Ireland) named in the Schedule hereto shall, upon the written requisition of the Governors or of the then existing trustees, and without further order, transfer to and into the name of the Royal Irish Academy of Music, the several securities and property mentioned in the Schedule hereto, Part II., and all or any other securities and property then held in trust for the Academy, with all dividends and income due or accruing upon the same; and all other property, securities, goods, chattels, debts, and moneys, except as aforesaid held by any person or persons for, or payable to or for the purposes of the Academy, shall, from and after the date of this Scheme, without any new transfer or instrument, be delivered, transferred, and paid by the person or persons possessed thereof, or bound to pay the same, to the Academy hereby constituted; and the receipt of the Governors, duly executed as hereinafter provided, for any transfer, delivery, or payment hereby directed, shall be a good discharge for the person or persons making the same, and he or they shall not be answerable for the application thereof. From and after the date of this Scheme, the Commissioners of Charitable Donations and Bequests for Ireland shall hold upon trust for the Academy such of the Endowments as shall then be vested in them, and may call in, recover, and receive all such parts of the Coulson Endowment as may be then outstanding, and shall invest the same, when received, upon trust for the Academy, and shall pay the dividends income and annual produce thereof to the Governors for the purposes of this Scheme.
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RIAM Constitution Trusts of the Academy Endowments
Section: Trusts of the Academy Endowments
Clause 14: Trusts of the Academy Endowments
From and after the date of this Scheme, and subject to the conditions and provisions herein contained, and to any special trusts or conditions lawfully affecting any part thereof, the Academy Endowments shall be held upon trust to maintain, in the City of Dublin, an Academy for the advancement of the Art and Science of Music in Ireland, to be called the Royal Irish Academy of Music, and to be maintained and conducted in the manner and subject to the conditions and provisions herein prescribed.
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RIAM Constitution Application of the Academy Endowments
Section: Application of the Academy Endowments
Clause 15: Application of the Academy Endowments
All moneys received by the Governors from the Academy Endowments under or for the purposes of this Scheme, shall, subject to the other provisions of this Scheme, and to any special trusts or conditions upon which any of such moneys may have been received, be expended and applied for the following purposes, or for such and so many of them as to the Governors shall, from time to time, seem expedient:- (a.) To maintain the buildings, furniture, musical and other instruments, apparatus, books, appliances, and premises of the Academy in good order and condition, and to make such additions thereto, and improvements therein, as may be required from time to time. (b.) To pay all rents, taxes, cost of insurance, and other charges necessarily or properly payable out of or for the said premises, and to defray the necessary working expenses of the Academy, the salaries and wages of the officers and servants employed by the Governors, the cost of management, and other moneys payable under this Scheme.
Clause 15 (c) Replaced June 1965
(c.) To provide for the theoretical and practical instruction and education of the pupils in vocal and instrumental music, and in all or any branches of education useful or incidental to the study of music, including speech, drama and dramatic art, and attendance at such lectures, concerts, and other performances as the Governors may deem useful to such study; for this purpose the Governors may employ and pay such professors, and other teachers as they may deem it expedient to engage for the instruction of the pupils, and may defray the other necessary expenses of such instruction. (d.) To defray the fees of examiners, the expenses of examinations held in Dublin or e1sewhere in Ireland, and the expenses of concerts and other exercises and performances of the pupils, and to provide or hire suitable rooms, instruments, appliances, and other accommodation for the purposes aforesaid. (e.) To provide medals and other prizes for the most deserving pupils; such medals and prizes may be awarded in such manner· as the Governors may deem best calculated to stimulate the industry, reward the diligence, or promote the progress of the pupils. (f.) To establish in connection with the Academy exhibitions and scholar• ships, which shall in each case have such value, and shall be awarded upon such examination, and shall be held subject to such conditions, as the Governors shall think fit. These exhibitions and scholarships may be given so as to entitle their holders to education at the Academy free of cost, or at a reduced cost, or may be tenab1e at any other place of musica1 education, in Ireland or elsewhere, which the Governors may from time to time approve. (g.) To provide and maintain a suitable Library for the use of the Teachers and pupils, and such other educational appliances as the Governors shall deem requisite or beneficial. (h.) To defray any other expenses incurred in carrying out the purposes of this Scheme.
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RIAM Constitution Removal or Enlargement of the Academy
Section: Removal or Enlargement of the Academy
Clause 16: Removal or Enlargement of the Academy
The Governors may, if and when they shall so think fit, remove the Academy to some other convenient site or sites in the City of Dublin, and upon any such removal the buildings or premises theretofore occupied by the Governors may be sold, let, or otherwise disposed of, to the best advantage. Provided that no such removal shall take place, nor shall any agreement for such removal, or for any letting, sale, or disposal of the existing premises, be made or entered into by the Governors, or become binding upon them, unless the same shall have been approved by the Members, after due notice, at a meeting specially summoned for the purpose, and shall have been sanctioned by the Commissioners of Charitable Donations and Bequests for Ireland. The Governors may also, from time to time, with the like approval of the Members, purchase, erect, take upon lease, or otherwise acquire, upon such terms as they shall think most advantageous, all such other or additional lands and buildings as they shall think necessary for the purposes of this Scheme.
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RIAM Constitution Additional Endowments
Section: Additional Endowments
Clause 17: Additional Endowments
The Governors may collect, receive, acquire, and hold donations, devises, bequests, subscriptions, and other additional endowments, real or personal, and apply the same for all or any of the purposes of this Scheme. They may also collect, receive, acquire, and hold donations, devises, bequests, subscriptions, and other endowments, real or personal, and apply the same for any object connected with the Academy, or with all or any of the purposes of this Scheme, which shall not be inconsistent with or calculated to impede the efficient working of the provisions hereof. All property and moneys so received or applied shall be included in the accounts to be kept by the Governors under this Scheme.
Clause 18: Aid from Public Sources
The Governors may, from time to time, make all arrangements necessary to enable them to obtain for the Academy, from Parliament, from the Science and Art Department, from the Intermediate Education Board, from the Commissioner of Public Works, from the Corporation, or from any other public body, such aid, by way of teachers salaries, allowances, results fees, prizes, provision for technical or other special instruction, grants under the Public Libraries Acts or other statutes, and grants or loans for building or other purposes, as may at any time be available for or open to like institutions or the pupils thereof; and they may, notwithstanding anything herein contained, place the Academy or any or all of their classes or pupi1s in connection with or under the inspection of any such public body as aforesaid, and they may comply with any rules or regulations for the time being in force respecting institutions or pupils receiving such aid; and all money and other aid which the Governors may so receive shall, subject to such rules and regulations, be applied by them in conformity with the provisions of this Scheme, and accounted for accordingly.
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RIAM Constitution Special Trusts
Section: Special Trusts
Clause 19: Special Trusts
The Governors shall continue to apply such of the Endowments as may from time to time be vested in them upon special trusts, in accordance with the special trusts for the time being lawfully affecting the same; and every power of varying or modifying such trusts, which heretofore might have been exercised by the Council of the Academy, or by any other person or persons representing or on behalf of the Academy, may henceforth be exercised by the Governors. The Governors may, from time to time, vary the period which "The Vandeleur Scholarships”, mentioned in the Schedule hereto, may be held; they may sell all or any musical instruments or other chattels given, bequeathed, or belonging to the academy, and may invest or apply the proceeds thereof for the purposes of this Scheme.
Page 19 of 40
RIAM Constitution Special Provisions as to the Coulson Endowments
Section: Special Provisions as to the Coulson Endowments
Clause 20: Special Provisions as to the Coulson Endowments
From and after the date of this Scheme, and subject to the conditions and provisions herein contained, the Coulson Endowment shall be held by the Commissioners of Charitable Donations and Bequests for Ireland, or by other the trustees or trustee thereof for the time being, upon trust to pay the interest, dividends, and income thereof to the Governors, to be by them applied, in accordance with this Scheme, for the purposes of the will of the founder, Elizabeth Strean Coulson, that is to say, for the teaching of instrumental music, and especially the pianoforte, in the City of Dublin, to the children of respectable Irish parents possessing a natural musical talent.
Clause 21: Application of the Coulson Endowment
All moneys received by the Governors by way of interest, dividends, and income from the Coulson Endowment shall, subject to the other provisions of this Scheme, be expended and applied for the following purposes, or for such and so many of them as to the Governors shall, from time to time, seem expedient:- (a.) To provide for the remuneration of professors and other teachers, and for other outgoings and expenses, in connection with the teaching of Instrumental Music, especially the Pianoforte, in the Academy. (b.) To defray the expense of purchasing, repairing, and replacing musical instruments, furniture, and appliances, for the use of the pupils of the Academy. (c.) To provide for payment of the remuneration and expenses of examiners and examinations connected with Instrumental Music in the Academy. (d.) To provide for payment of the expenses of concerts or performances of' the pupils of the Academy, so far as the same shall be connected with Instrumental Music. (e.) To provide for payment of the remuneration and expenses of professors and teachers of harmony, composition, musical history, and other branches of musical education in the Academy.
Page 20 of 40
RIAM Constitution Special Provisions as to the Coulson Endowments
Clause 21(f) Replaced May 1982
(f) To provide Scholarships, exhibitions, and prizes for proficiency in Instrumental Music; these Scholarships, exhibitions, and prizes shall in each case have such value, and shall be awarded upon such examinations, and shall be held subject to such conditions as the Governors shall think fit, and may be given so as to entitle their holders to education in Instrumental Music at the Academy free of cost, or at a reduced cost, or may be tenable at such other place of musical education in the City of Dublin, but not elsewhere, as the Governors may from time to time determine. Provided always that such Scholarships, exhibitions, and prizes shall be open to children, one of whose parents is either an Irish National or an Irish Citizen possessing a natural Musical talent, and to none others.
(g) To defray the necessary expenses of management, including a contribution, not exceeding fifty pounds per annum, to the salary of the Secretary or other paid officer or officers of the Academy, and including also such a proportion of the rents, taxes, cost of insurance, and other charges payable out of or for the premises of the Academy, as the Governors, with the approval of the Commissioners of Charitable Donations and Bequests, shall deem just and reasonable.
Page 21 of 40
RIAM Constitution Special Provisions as to the Coulson Endowments
Clause 22: Capital Grants from Coulson Endowment
The Governors, with the previous approbation of the Commissioners of Charitable Donations and Bequests, may expend from the Capital Fund of the Coulson Endowment the sums hereinafter mentioned, upon or towards the following purposes:- (a.) A sum or sums, not exceeding in all Two Thousand Pounds, including any sum or sums so expended before the date of this Scheme, in or towards providing suitable buildings, lecture halls, class rooms, a concert hall and other necessary accommodation for the musical performances and concerts of the pupils, and for the other purposes of the Academy: this expenditure may be made either in the improvement or en1argement of the existing buildings of the Academy, or in acquiring a site and erecting new buildings thereon, or in acquiring, enlarging, or improving other existing buildings, or partly in the one way and partly in the other; but no part of the expenditure shall be made upon any site or buildings which are not vested in the Governors for an unexpired term of two hundred years at the least. (b.) A sum or sums, not exceeding in all Five Hundred Pounds, in addition to any sum or sums so expended before the date of this Scheme, in or towards purchasing musical instruments, apparatus, furniture, and appliances required for carrying out the objects of the Coulson Endowment. The Commissioners of Charitable Donations and Bequests may, by sale of such portion or portions of the Capital Fund of the Coulson Endowment as shall from time to time be required, raise the sum or sums necessary for the purposes aforesaid, and may pay the same to the Governors, who shall account for the same according1y.
Clause 23: Provision as to Education
Special provision shall be made for the study and practice of the Pianoforte by the pupils receiving aid from the Coulson Endowment; and the Governors shall, in providing instruction in the Pianoforte, have regard, if and so far as they shall find it advantageous to the pupils, to the method of Frederick Kalkbrenner mentioned in the hereinbefore recited will of Elizabeth Strean Coulson.
Page 22 of 40
RIAM Constitution General Provisions as to Education
Section: General Provisions as to Education
Clause 24: Departments, Classes, Teaching Staff
The Governors shall maintain, in the Academy, such Departments and Classes as they shall, from time to time, consider best fitted to advance the Art and Science of Music in Ireland, by affording systematic Musical Instruction of the highest class to pupils, both professional and amateur; such instruction shall be both Theoretical and Practical, and shall be given both in Vocal and in Instrumental Music. The Governors may also establish and maintain classes, and may provide instruction, in the Academy, in Modern Languages, and in any other subjects of general education which they may deem useful to students of music. If the Governors shall be of opinion that it is for the advantage of musical education in Ireland and of the Academy and its pupils, they may from time to time contribute, from the income of the Academy Endowments but not from the Coulson Endowment, such sum not exceeding £100 in any one year towards the support of any Musical Institution or Society in Dublin, and upon such terms and conditions, as they may deem expedient. They may also establish and hold Local Examinations in Vocal and in Instrumental Music, in Ireland, at such places and subject to such conditions, and in such manner, as they may from time to time think expedient. They may appoint such Professors, Lecturers, Teachers, and other educational staff, and such Examiners, as they shall from time to time think fit, and they shall determine the number of the Professors, and the title and subject of each Professorship. The number of the Professors shall not be less than five, and, unless and until the Governors shall otherwise determine, the Professors named in the Schedule hereto, Part IV., shall be the Professors for the purposes of this Scheme.
Page 23 of 40
RIAM Constitution General Provisions as to Education
Clause 25: Diplomas
Replaced April 1929, and again replaced December 1950, and replaced in October 1990
The Governors may grant the following Diplomas of the royal Irish Academy of Music:- 1. A Diploma with the title of “Fellow of the Royal Irish Academy of Music”. 2. A Diploma with the title of “Licentiate of the Royal Irish Academy of Music”. 3. A Diploma with the title of “Graduate of the Royal Irish Academy of Music”. 4. A Diploma with the title of “Associate of the Royal Irish Academy of Music”, to candidates who shall have pursued such a course of studies in the Academy or elsewhere and passed such examinations as the Governors, after consultation with the Board of Studies, shall from time to time prescribe and approve as the qualification for obtaining the respective Diplomas and titles attached thereto. The Governors may also grant Certificates of Proficiency in any one or more subjects of instruction in the Academy to pupils who shall have pursued such a course of studies in the Academy or elsewhere and passed such examinations as the Governors shall prescribe as the qualification for obtaining such certificates. The Governors may also grant Honorary Diplomas to persons distinguished in Music, in such form, on such conditions, and subject to such regulations as they shall from time to time prescribe in that behalf.
Page 24 of 40
RIAM Constitution General Provisions as to Education
Clause 26: Board of Studies
Replaced February 1981, February 1990 and February 1996
From and after the date of this amending Scheme, the Board of Studies shall continue to exist. It shall consist of the Director, the heads of faculty, not more than three teachers elected annually by the teaching staff, not more than three teachers appointed by the Board of Governors, and the Chairman of the Local Centre Senior Examiners. The election of the teachers by the teaching staff of the Board of Studies, which shall be by secret ballot, shall take place in the month of June in each year and each member so elected shall hold office for one year from the 1st September following the election, unless he shall cease to be a member of the teaching staff. Every outgoing elected member, being a member of the teaching staff, shall be eligible for re election.
The Board of Studies at its first meeting in the September Semester shall elect from amongst their own members, a Chairman of the Board to hold office until the next election of Chairman or until such person shall cease to be a member of the Board of Studies. Every outgoing Chairman shall be eligible for re election, provided the same person does not chair the Board for more than three consecutive years. The Chairman shall request another member of the Board of Studies to act as Vice-Chairman for the Academic year. The Chairman, or in his absence, the Vice-Chairman, shall preside at the meetings of the Board. In the absence of both, the Members of the Board of Studies present shall elect one of themselves to preside for the occasion.
Clause 26a was added in February 1981
The Governors shall have power, in their discretion, to appoint a Director (who shall be ex-officio a member of the Board of Governors) to undertake such duties and responsibilities as the Governors shall allocate to him, from time to time, and shall be subject to any such general directions as shall, from time to time, be given to him by the Governors, and subject to the power of the Governors to dismiss the Director, which is provided elsewhere in this Scheme.
Page 25 of 40
RIAM Constitution General Provisions as to Education
Clause 27: Meetings of the Board
Replaced February 1981
The Board of Studies shall meet at the Academy once at the least in every fortnight (except during vacation) and at such other times as the Board, the Director (if any) or the Governors may from time to time direct. The Director, Chairman or Vice-Chairman, or any three other members of the Board, or the Secretary, by the direction of the Governors, may summon a special meeting at any time for the dispatch of urgent or special business, due notice of such meeting being given to all members of the Board, one day at the least during term time and two days at the least during vacation, before the day fixed for the meeting. Three members of the Board shall form a quorum, and all matters and questions shall be determined by the majority of the members present; and in every case of equality of votes, the Chairman of the meeting shall have a second or casting vote.
Clause 28: Functions of the Board
Subject to the provisions of this Scheme, and to the supreme control of the Governors, the Board of Studies shall have charge of all matters directly appertaining to education in the Academy. They shall make a report, once at the least in each year, to the Governors, on the condition of the Academy, and the progress of the pupils, and they shall offer such recommendations as their experience may suggest. They shall also make such special reports, from time to time, as they shall think expedient, or as the Governors may require. They shall be consulted by the Governors as regards the programme of studies to be followed in the several departments and classes of the Academy, the time-table of lectures and studies, the programmes of examinations and of concerts, and the course of education in the Academy, and they shall exercise all such administrative functions, in regard to the education given in the Academy, as the Governors may, from time to time, entrust to them. They shall keep minutes of all their proceedings, which shall be submitted to the Governors at each meeting, and at such other times as the Governors may require.
Page 26 of 40
RIAM Constitution General Provision as to the Members
Section: General Provision as to the Members
Clause 29: Meetings of the Members
An Annual Meeting of the Members of the Academy, for the election of representative Governors, and for the transaction of ordinary business, shall be held in the month of November or December in each year, at such time and place as may be fixed from time to time by the Governors; a special meeting of the Members shall be summoned by the Governors whenever they shall think fit, or whenever it shall be demanded by a written requisition signed by not less than twenty members. Notice of each meeting of the Members shall be published, not less than seven clear days before the meeting, in such manner as the Governors shall from time to time determine. The notice of every special meeting shall specify the business for which it is called, and no other business shall be transacted at such meeting. Every meeting may adjourn for the completion of its business to such time and place as the Members present may appoint. Once in each year, the Governors shall submit to a meeting of the Members a report upon the working and condition of the Academy during the preceding year, and a statement of the receipts and expenditure for such year, with the latest reports of the Auditor and Inspector, and of the Board of Studies, and such other information regarding the affairs of the Academy as the Members may from time to time require, or as the Governors shall think fit to submit.
Clause 30: Chairman and Quorum
Replaced April 1985
The President of the Academy shall preside at every meeting of the Members at which he is present; in the absence of the President, the senior Vice-President present shall, if willing, preside; in the absence of the President and of all the Vice-Presidents, or in the event that all the Vice-Presidents present are unwilling to preside, the members present shall elect one of their number to preside for the occasion. Nine members shall constitute a quorum, and all matters and questions shall be determined by the majority of the Members voting; in every case of equality of votes, the President of the meeting shall have a second or casting vote.
Clause 31: Register of Members
A Register of the Members, according to their classes, shall be kept by the Secretary, under the direction of the Governors, in a book to be provided for the purpose, and shall be open at all reasonable times to the inspection of the Members. The Register of Members may be corrected from time to time by the Governors, or by direction of any Meeting of the Members, and (subject to such correction) shall be conclusive evidence that· those named therein, and none others, are entitled to the rights of Membership. The name of any Member may be removed from the Register by resolution of a meeting of the Members, for such cause as they may think sufficient, and the person whose name shall be so removed shall thereupon cease to be a Member, and to be eligible for any office in the Academy. No person shall be entitled to act as an Annual Member in any year unless his subscription for that year shall have been paid.
Page 27 of 40
RIAM Constitution General Provisions as to the Governors
Section: General Provisions as to the Governors
Clause 32: Chairman, Quorum, and Officers
Replaced April 1985, and replaced again October 1995
The Governors shall elect one of their number to act as Chairman of the meetings of the Governors. Such Chairman may be elected for a maximum of two years. A Chairman shall be eligible for re-election. In the absence of the elected chairman, the Governors present at any meeting shall elect one of their number to preside for the occasion. Five Governors shall constitute a quorum and all matters and questions shall, unless, before such determination, the Governors decide that a two-thirds or other majority above that of a simple majority is required, be determined by a majority of the Governors present; in every case of equality of votes, where only a simple majority is required, the chairman of the meeting shall have a second or casting vote. The Governors may appoint a competent person to act as Secretary of the Academy, with such reasonable salary as they may fix; they may define the duties, conditions, and tenure of his office; and if they think fit, they may require him to act also as Secretary to the Board of Studies and as Registrar and Accountant of the Academy or they may appoint another competent person to act as Accountant or Clerk. The Governors may appoint from time to time such Honorary Officers as they shall think fit, and they may define the duties of such Officers.
Clause 33: Meetings of Governors
Within one calendar month after the date of this Scheme, and once at the least in every month thereafter, except during vacation, the Governors shall meet at the Academy; and they may also meet at such other times and places as they may from time to time appoint. Notice of every meeting shall be given to each Governor three clear days, or such other time as the Governors may direct, before each meeting. The President, any three Vice-Presidents, or any five other Governors, may, at any time, summon a special meeting of the Governors, giving notice to each Governor six clear days, or such other time as the Governors may direct, before the meeting, specifying in such notice the object for which the meeting is summoned and the time and place of meeting. Every meeting may be adjourned, for the completion of its business, to such time and place as the Governors present may appoint.
Clause 34: Minutes, Books and Documents
Every Governor shall, at or before the first meeting which he attends, sign a declaration in a book to be kept for that purpose, of his acceptance of the office of Governor, and until he has signed such declaration he shall not be entitled to act as a Governor. Minute books shall be kept by the Governors in which minutes of all their proceedings shall be duly entered. All deeds and other writings sealed with the common seal, and signed at any meeting by the Chairman of the meeting and two other Governors, shall be held to be validly executed on behalf of the Academy and of the Governors.
Page 28 of 40
RIAM Constitution General Provisions as to the Governors
Clause 35: Committees
The Governors may, from time to time, appoint a Committee or Committees, each consisting of three or more Governors, to visit the Academy, to carry into execution any orders, rules, or directions of the Governors with respect to the purposes of this Scheme, or to manage such of the business of the Academy as the Governors may deem it expedient to depute to them. They may also, from time to time, appoint a Joint Committee, consisting of not less than three Governors and three members of the Board of Studies, to manage such of the business of the Academy as the Governors may deem it expedient to assign to such a Joint Committee. They may also appoint a Committee of Ladies, to assist in the domestic management of the Academy, and in matters relating to the female pupils. The Governors may fix the quorum, define the duties, and regulate the proceedings of every Committee as they may think fit.
Clause 36: By-Laws and Regulations
The Governors may, from time to time, make such by-laws and regulations (including by-laws enabling Members to vote by proxy at the meetings of Members), as they shall consider convenient and needful for the good government and management of the Academy, and for effectuating the purposes of this Scheme; provided that no such by-law or regulation shall be inconsistent with the provisions of this Scheme, and that the same, and all or any by-laws and regulations in force in the Academy at the date of this Scheme, may be repealed, altered, and amended by the Governors, from time to time as they shall deem expedient. Unless and until the Governors shall make other by- laws and regulations as aforesaid, the by-laws of the Academy in force at the date of this Scheme shall, so far as the same are consistent with the provisions of this Scheme, remain in force and be observed in the Academy.
Page 29 of 40
RIAM Constitution General Provisions as to the Governors
Clause 37: Accounts and Audit
The Governors shall cause to be kept regular accounts of all their receipts and disbursements, including separate accounts of the Academy Endowments, and of the moneys received by them from the Coulson Endowment, in such manner and form as may, from time to time, be prescribed or approved by the Local Government Board; and the accounts for each year ending the thirty-first day of December, or such other day as the Board may direct, or an abstract thereof, in such form as the Board shall prescribe or approve, shall be submitted for audit on or before the first day of March following, or such other day as the Board may direct, to an Auditor of the Local Government Board, or to some other competent authority to be appointed or approved by the Board. Notice of the time and place of each audit shall be given by the Governors to the Commissioners of Charitable Donations and Bequests, and they shall also furnish to the said Commissioners, before each audit, a copy or abstract of their accounts, and their balance sheet for the preceding year. The Local Government Board may fix, and the Governors shall pay, such reasonable sum as shall be necessary to defray the cost of audit. The Governors shall keep separate accounts for the Academy Endowments, and for the Coulson Endowment, with such bank or banks as they may from time to time select, and all moneys receivable or payable by them on account of the respective Endowments aforesaid (except petty cash) shall be lodged to or drawn from such accounts respectively, and every cheque shall be signed by two Governors, at the least, thereto authorized, and shall be countersigned by the Secretary, Accountant, or Treasurer of the Academy.
Clause 38: Inspection
The Inspector to be appointed by the Lord Lieutenant, in pursuance of the Act, section 17, shall inspect the Academy once at the least in each year, and much oftener as the Lord Lieutenant may direct, and shall present his reports thereon to the Lord Lieutenant; and the remuneration of the Inspector, as fixed by the Lord Lieutenant, shall be defrayed by the Governors out of the Endowments.
Page 30 of 40
RIAM Constitution General Provisions as to the Governors
Clause 39: Powers of Governors
Replaced February 1981, February 1995, February 1996 and again replaced July 2013
Subject to the other provisions of this Scheme, the Governors may from time to time if they so think fit appoint a Director, and shall from time to time appoint Professors, Lecturers, Teachers and other members of the educational staff, and the Examiners, employed in the Academy or for the purposes of this Scheme. Subject as aforesaid, they shall fix, from time to time, the number, salaries, and other emoluments of the several persons so employed, and shall define their tenure of office, and their several and respective duties, including the duties to be performed by the members of the Board of Studies, and make agreements with them as to the terms upon which they shall respectively hold office; they shall also from time to time appoint and fix the salaries, wages and other emoluments of the Secretary and Accountant or Clerk and of such domestic staff and other officers and servants as they shall from time to time deem it advisable to engage, and they may define the duties, and may terminate the services of the persons so engaged, as the Governors shall, in each case, and from time to time, think expedient. Subject as aforesaid, every person appointed by the Governors, or engaged in the service of the Academy, may at any time be suspended from office by the Governors, and shall be removable by them for such cause as they shall deem adequate, or upon reasonable notice, or upon payment of a reasonable sum in lieu of notice; provided that no Director, Professor or Teacher shall be dismissed during his term of office except upon a resolution of a special meeting of Governors passed after due notice. Subject as aforesaid, the Governors shall have and exercise general supervision and supreme control over the several departments and classes in the Academy; they shall, after consultation with the Board of Studies, determine the various branches of education to be taught in the Academy, and shall fix the programmes of examinations and of concerts; they shall fix the terms and vacations and shall make such rules and regulations as they shall think fit for the maintenance of order and discipline. Save for the Director or a staff member elected under Clause 11, no person appointed under this Scheme to any paid office or employment under the Governors, or becoming entitled to any salary or emolument out of the Endowments under any such appointment, shall be capable of becoming or shall continue to be a Governor.
Page 31 of 40
RIAM Constitution General Provisions as to the Governors
Clause 40: Resident Professors, Lady Superintendent, Matron, and Assistants
The Governors may, from time to time, as they shall think expedient, appoint one or more of the Professors to reside in the Academy; they may appoint a Lady Superintendent or Matron and an Assistant or Assistants, and may fix the salaries or emoluments, and may define the duties, and the tenure and conditions of office, of every person so appointed.
Clause 41: Pupils Fees, and Boarding Arrangements
The Governors may fix the fees to be paid by the pupils, and may remit or modify those fees in such cases as they shall think fit, and they may make, such arrangements with the Professors, Lecturers, and other Teachers respecting such fees as they shall think desirable; they may also allocate or permit the use of such portions as they shall think fit of the buildings of the Academy, or of buildings taken for the purpose, for the residence of a Professor or Professors, Teacher or Teachers, or of the Lady Superintendent or Matron, and may provide for the reception and boarding therein of resident pupils, upon such terms and under such conditions as they shall from time to time determine.
Clause 42: Evening Classes
The Governors may establish and maintain evening classes for the education in Music of persons who are engaged during the day in other pursuits, and who are desirous of learning or practising Vocal or Instrumental Music in the evening. The terms and course of instruction in such evening classes shall be arranged with special regard to the requirements of pupils who are otherwise occupied during the day, and may include any special instruction or training which the Governors may deem suitable or useful for such pupils.
Page 32 of 40
RIAM Constitution Management of Property
Section: Management of Property
Clause 43: Estates
The Governors may, from time to time, make such arrangements as they may deem expedient for the custody of all deeds and documents belonging to the Endowments, for the management of the property vested in them, and for the employment of such agent, solicitor, and other officers as they shall find it expedient to employ to assist in such management. Every agent and other officer authorized to receive money for the Governors shall be required to give sufficient security to them for the faithful discharge of his duties, and to furnish his account to the Governors once at the least in each year, and in such account to include all rents and other income due and payable up to the gale day next preceding the date of furnishing the account, and also all moneys received by him up to the date of closing the account.
Clause 44: Lettings
The Governors may make occupation leases and lettings of land from year to year or for any term of years not exceeding forty years, and leases of buildings from year to year, or for any term not exceeding ninety-nine years, and leases for building or improvement for any term of years, so that every such lease and letting shall take effect in possession upon or within three years after the making thereof, and shall be made at the highest rent that may reasonably be obtained, and without fine.
Clause 45: Sale, Exchange and Fines
The Governors may a1so, in such manner as they, with the consent of the Commissioners of Charitable Donations and Bequests, shall deem most expedient, sell exchange, let upon fine in fee farm or for any term, mortgage, or otherwise dispose of, all or any lands and buildings (not being required for the purposes of the Academy) which may be vested in them, so that every such dealing shall be carried out to the best advantage, and that all money obtained thereon, other than current rents, shall be treated as part of the capital of the Endowment from which it shall be obtained, and shall be invested or otherwise disposed of in accordance with the provisions hereof.
Clause 45: Addition July 1960
The Governors may also at any time and from time to time with the prior sanction of the Commissioners of Charitable Donations and Bequests for Ireland raise or borrow money to be applied by them for the purposes of this Scheme upon the security of all or any part of the lands and buildings or of all or any part of the stocks, funds and securities which may be vested in them for the purposes of this Scheme.
Page 33 of 40
RIAM Constitution Management of Property
Clause 46: Investments
The Governors may from time to time sell any of the property (other than lands or buildings), funds, and securities vested in them, and may invest the moneys arising therefrom, or other the capital of the endowments, and may also invest and accumulate any surplus or residue of income not required in any year for the purposes of the Academy, in any of the public stocks, funds, or securities of the United Kingdom, or of any colony or dependency thereof, or in the stock of the Bank of England or of the Bank of Ireland, or upon freehold or leasehold securities in the United Kingdom, or in the purchase of perpetual rents or rent charges, or upon the bonds, debentures, or mortgages of any municipal commercial or other joint stock company or corporation carrying on business or constituted for any purpose in the United Kingdom or any colony or dependency thereof, or in any other securities authorized by law, or by the practice of the High Court of Justice, for the investment of trust funds. The Governors may from time to time vary such investments, and they may from time to time resort to the accumulations of income from any previous· year, and apply the same for the purposes of this Scheme. They may retain in their present state of investment, so long as they shall deem it expedient so to do, the several securities specified in the Schedule hereto, and any other securities which may hereafter be transferred to them for the purposes of this Scheme, provided the retention thereof does not involve any liability to the Governors or the other Endowments.
Page 34 of 40
RIAM Constitution Payment of Expenses
Section: Payment of Expenses
Clause 47: Payment of Expenses
The Governors shall, subject to the other provisions of this Scheme, pay out of the Endowments hereby vested in them, all charges which, under the provisions of the Act, shall be properly and necessarily payable by the Governors or out of the Endowments, for the taxed costs and expenses of this Scheme or for audit and inspection, or for other purposes.
Page 35 of 40
RIAM Constitution Provision for Vested Interests and Retiring Allowances
Section: Provision for Vested Interests and Retiring Allowances
Clause 48: Provision for Vested Interests and Retiring Allowances
Replaced November 1967
Every individual who, at the date of the passing of the Act, held, and at the date of this Scheme shall continue to hold any office, place, employment, pension, compensation, allowance, or emolument, under or arising out of the Endowments, shall continue to hold and be entitled to receive the same from the Governors, upon the same terms, and in the same manner in every respect, as he or she held and was entitled to receive the same at the date of the passing of the Act; every such individual shall remain bound to perform the same and all like duties for the Governors, so long as his or her employment shall continue, as he or she would have been bound to perform for his of her existing employers if this Scheme had not been passed; and his or her employment be determined by the Governors at any time after the date of this Scheme for the like cause, or on the same notice or payment in lieu of notice, by the Governors, for or on which such existing employers might have determined such employment if this Scheme had not passed. The Governors may grant to any such existing officer, or to any officer appointed after the date of the passing of the Act, who otherwise than from willful misconduct shall become incapable of further duty, or whose services shall no longer be required, such retiring allowance or gratuity, to be fixed by the Governors with due regard to length of service, and to the· circumstances of his or her employment, as the Commissions of Charitable Donations and Bequests shall approve. The Governors may, with the prior approval of the Commissioners of Charitable Donations and Bequest, grant to any professor, teacher or employee who has been absent from duty through illness such sum as they consider equitable by way of compensation for loss of earnings.
Clause 48A Pension Fund
Addition September 1969
The Governors may set aside part of the annual income of their Endowments (not exceeding 15% of the amount of salaries paid annually to the professors, lecturers, teachers, officers and other members of the staff) as they may think fit by way of contribution or contributions to a Pension Fund and may enter into such arrangement with the Minister for Education for the establishment and operation of same as to them may seem expedient and may adopt Rules and Regulations for the carrying into effect of the said Pension Fund, which said Rules and Regulations may provide that the benefits thereunder shall be conditional upon contributions being made thereto by said professors, lecturers, teachers, officers and other members of the staff and may alter or amend such Rules and Regulations from time to time as they may consider necessary.
Page 36 of 40
RIAM Constitution Discharge of Existing Trustees
Section: Discharge of Existing Trustees
Clause 49: Discharge of Existing Trustees
Immediately after the date of this Scheme the existing Trustees of the Academy Endowments (other than the Commissioners of Charitable Donations and Bequests for Ireland), shall proceed to pay and discharge out of the moneys in their hands all the salaries, outgoings, and liabilities due or payable by them up to the date of this Scheme, including their costs of an incident to the preparation of this Scheme (such costs, if any, to be taxed and certified by the proper officer of the High Court of Justice in Ireland), and they shall prepare a final account, dating from the last audited account, of all their receipts and disbursements, and submit the same for audit to the Local Government Board, or to some other competent authority to be appointed or approved by the said Board. Upon such audit the net cash balances remaining in the hands of the said Trustees or of their agents, treasurers, or bankers, or of any other person on their account, shall be ascertained and certified, and thereupon the same and all securities held by the said Trustees shall forthwith be transferred or paid to the Governors, to be by them held and applied for the purposes of this Scheme, and accounted for accordingly. The said Trustees, and all or any other persons having custody thereof, shall at the same time deliver to the Governors all books, documents, and other chattels and effects belonging to or held by them as such Trustees, and thereupon the said existing Trustees shall be discharged, and shall be released from all future liability for the same. All rents, dividends, interest, debts, and other sums then accruing or payable to or recoverable by the said Trustees shall thereupon and thenceforth accrue and become payable to and recoverable by the Academy; and all sums then payable by and recoverable from the said Trustees, and all trusts, contracts, and liabilities then binding upon them shall thereupon and thenceforth be payable by and recoverable from and binding upon the Academy. As soon as conveniently may be after the date of this Scheme the personal representatives of the said Elizabeth Strean Coulson, or other the Trustees of the Coulson Endowment (other than the Commissioners of Charitable Donations and Bequests for Ireland), shall realize and pay over to the said Commissioners or shall account with the said Commissioners, or in the High Court of Justice, Chancery Division, for all such parts of the Coulson Endowment as shall be then outstanding, and the said personal representatives or Trustees, notwithstanding anything herein contained, shall remain liable in respect of the said Endowment to the same trusts and liabilities, and shall be entitled to the same rights credits and allowances, as if this Scheme had not passed, until they shall have paid or accounted for the same as aforesaid.
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RIAM Constitution Printing and Alteration of Scheme
Section: Printing of Scheme
Clause 50: Printing of Scheme
The Governors shall cause this Scheme to be printed, or shall procure printed copies thereof, and shall keep the same for sale at a reasonable price.
Section: Alteration of Scheme
Clause 51: Alteration of Scheme
This Scheme may be altered from time to time by the Commissioners of Charitable Donations and Bequests for Ireland in any manner whatsoever upon the application of the Governors, of the Members of the Academy or of Her Majesty's Attorney-General for Ireland, but except upon such application no alteration shall be so made, and no alteration shall be made contrary to anything contained in the Act, provided that no such application shall be made by the Governors, or by the Members, unless and until the same shall have been sanctioned by a resolution of a Meeting of the Governors or of the Members, as the case may be, specially summoned for the purpose of considering the same.
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RIAM Constitution Schedule Referred to in the Forgoing Scheme
Section: Schedule Referred to in the Foregoing Scheme
Part I. – Lands and Buildings occupied by the Academy
The plot of ground with the buildings thereon, and the offices and outbuildings attached thereto, known as the Royal Irish Academy of Music situate at No. 36 Westland Row, in the City of Dublin, held for ever under an Indenture date June 29, 1772, subject to the perpetual yearly rent of £58 11s. 4 ½d., but indemnified therefrom under an Indenture dated December 5, 1857, by other property in said last mentioned Indenture specified. The said premises are now occupied by the Academy, and, subject to the charge of £898 9s. 3d., hereinafter mentioned, are held in trust for the same.
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Part II. – Investments, Securities and other Property included in the Academy Endowments.
1. “The Vandeleur Fund,” now consisting of £4,063 12s. 11d. Government Stock, standing in the books of the Governor and Company of the Bank of Ireland, in the name of the Commissioners of Charitable Donations and Bequests for Ireland, and representing a legacy of £4,000, bequeathed for the benefit of the Academy by the late R. J. Ormsby Vandeleur, Esq., deceased, by his will dated January 26, 1878. The Vandeleur Fund shall henceforth be held upon trust that the annual income thereof shall be applied for the purpose of endowing scholarships for the pupils of the Academy who show the greatest proficiency in Vocal and Instrumental Music ; such scholarships to be called “The Vandeleur Scholarships,” the election thereto to be by examination, the periods, number and values of the scholarships and the mode of examination therefor to be decided by the Governors from time to time, but subject to the restriction that not less than one-third of the said income shall be applied in endowing scholarships for encouraging proficiency in Instrumental Music other than the Pianoforte and Organ.
2. “The Albert Fund,” bow consisting of the sum of £863 9s. 3d., bearing interest at five per cent. per annum, invested on the security of a Deed of Mortgage dated July 3, 1878, of the lands and buildings occupied by the Academy and described in Part I. of this Schedule. The Albert Fund represents a moiety of the surplus fund remaining in the hands of the Dublin Prince Consort Memorial Committee, by whom it was, in the year 1877, presented to the Academy with a view to perpetuating the memory of the late Prince Consort, the interest to be applied in awarding prizes to the pupils of the Academy.
3. “The Begley Fund,” now consisting of (a) A sum of £22 2s. 2d., Bank of Ireland Stock ; and (b) A sum of £50, five per cent. Preference Stock of the Waterford and Limerick Railway Company
These securities stand in the names of Thomas Maxwell Hutton, Sir Francis W. Brady, Bart., and Henry Doyle, and represent a sum of £125 presented to the Academy in the year 1876 by Dr. W. C. Begley, as a memorial of his sister, the late Maria Begley, and in accordance with the donor’s request the interest thereon is to be applied in awarding an annual prize to a pupil of the Academy.
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RIAM Constitution Schedule Referred to in the Foregoing Scheme
4. A sum of £191 5s. 9d. Bank of Ireland Stock, standing in the names of Sir Francis W. Brady, Bart., Thomas Maxwell Hutton, and Henry Edward Doyle, and held in trust for the Academy, being an investment in funds belonging to the Academy, and available for the general purposes thereof.
5. The furniture, fixtures, musical instruments, books, appliances, and other goods, chattels, and effects belonging to or held in trust for the Academy.
Part III. – The Coulson Endowment.
The Coulson Endowment consists of –
(a) A sum of £13,363 5s. 6d. Government Stock, standing in the Books of the Governor and Company of the Bank of Ireland, in the name of the Commissioners of Charitable Donations and Bequests for Ireland.
(b) The outstanding residuary property of Elizabeth Strean Coulson, deceased, included in the charitable and educational trusts in the Scheme mentioned.
The Coulson Endowment is held upon the trusts and for the purposes declared in the hereinbefore recited will of Elizabeth Strean Coulson, subject to the provisions and conditions of the foregoing Scheme.
Part IV. – The Professors of the Academy for the purposes of this scheme.
Monsieur Alexandre Billet. Signor Michele Esposito. John Haveron, Esq. Thomas R. G. Jozé, Mus. D. Herr Carl Lauer Richard M. Levey, Esq. J. C. Van Mannen, Esq. Joseph Robinson, Esq. Chevalier Martin Röeder. Herr J. F. Rendersdorff. Sir Robert Prescott Stewart, Mus. D.
We the Judicial Commissioners constituted by the Educational Endowments (Ireland) Act, 1885, having duly considered the foregoing Scheme, hereby submit the same for the approval of the Lord Lieutenant in Council, under the said Act, duly signed by both of us under our hands, this Twenty-fourth day of April, 1889.
GERALD FITZGIBBON, Judicial Commissioners. JOHN NASH,
Witness: WM. EDWARD ELLIS
Secretary.
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